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(영문) 수원지방법원안양지원 2019.12.13 2018가단106096

부당이득금

Text

1. The defendant shall be the plaintiff.

A. 36,882,00 won and 15% per annum with respect thereto from March 5, 2019 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who implements the E development project (hereinafter “instant project”) for Overcheon City C and D members, and the Minister of Land, Transport and Maritime Affairs designated and announced the Bogeumjari Housing District for the instant project as F notified by the Ministry of Land, Transport and Maritime Affairs on October 5, 201.

B. The Plaintiff paid KRW 2,229,251,50 to G, the owner of the land located within the instant project zone (hereinafter “instant land”) and acquired the said land through consultation. On June 12, 2015, the Plaintiff completed the registration of ownership transfer based on a consultation on the instant land’s acquisition.

C. The Defendant owned a residence, container for warehouse, etc. on the instant land (hereinafter collectively referred to as “in the instant obstacles”), and has been occupying and using it until now.

The Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee on April 13, 2017, as a dispute arises between the Defendant and the Defendant regarding the compensation for the instant obstacles, and the Central Land Expropriation Committee rendered a ruling of expropriation on June 6, 2017 by setting the date of commencement of expropriation as KRW 237,121,590 in total, and the date of commencement of expropriation respectively.

E. On May 26, 2017, the Plaintiff deposited the full amount of the above confinement compensation with the Defendant, etc. as the principal deposit in the Suwon District Court’s Ansan Branch No. 1124 in 2017, and the Defendant received it.

F. On December 2018, the Defendant claimed for business loss compensation against the Plaintiff, claiming that he/she engaged in bean cultivating business in the instant obstacles, but the Plaintiff did not comply with such claim.

After all, the defendant filed an application for adjudication on business loss compensation with the Central Land Expropriation Committee, and the plaintiff filed an application for adjudication with the said Committee.

G. The Central Land Tribunal, May 9, 2019, constitutes an unauthorized building whose retention period has expired on July 14, 2003, which is the date of the public announcement of the project.